Judge: Virginia Keeny, Case: 21VECV01021, Date: 2023-01-31 Tentative Ruling
Case Number: 21VECV01021 Hearing Date: January 31, 2023 Dept: W
MEADOW RIVER
INVESTMENTS, LLC v. TAMJIDI ENTERPRISES, INC., et al.
plaintiff
meadow river investments, llc’s motion for attorney fees and costs
Date of Hearing: January
31, 2023 Trial Date: N/A
Department: W Case
No.: 21VECV01021
Moving Party: Plaintiff
Meadow River Investments, LLC
Responding Party: No opposition
BACKGROUND
On August 2,
2021, Plaintiff Meadow River Investments, LLC filed a complaint against
Defendants Tamjidi Enterprises, Inc., Shahram
Tamjidi, and Douglas C. Moore asserting causes of action for breach of
contract, unjust enrichment, promissory estoppel, and judicial foreclosure.
Plaintiff alleges Defendant Tamjidi
Enterprises, Inc. applied for a commercial credit loan with Wells Fargo Bank,
National Association and Defendant Tamjidi personally agreed to repay the loan
plus interest. Plaintiff further alleges Defendant Moore personally agreed to
repay the loan plus interest. Wells Fargo Bank, National Association sold all
rights, title and interest it had in the Loan to Cadlerock IV, L.L.C. Thereafter,
the loan was assigned from Cadlerock IV, L.L.C. to Plaintiff Meadow River
Investments, LLC. Prior to the assignment, Defendants had stopped making
payments in June 2020. As a result, Plaintiffs allege Defendants are in default
and material breach of the Loan and Commercial Guaranty #1 and Commercial Guaranty
#2 for failure to pay amounts upon demand and default interest is accruing.
On December 9, 2022, Plaintiff’s motion
for summary judgment was granted. Judgment has not yet been entered.
[Tentative] Ruling
Plaintiff’s Motion for Attorney Fees is GRANTED.
DISCUSSION
Plaintiff Meadow River Investments, LLC moves the court for an order
awarding reasonable attorney fees and costs under the terms of the written
contract at issue. Plaintiff moves for recovery of attorney fees and costs
pursuant to CRC § 3.1702 and Code of Civil Procedure section 1717.
Code of Civil Procedure section 1021
provides that “[e]xcept as attorney's fees are specifically provided for by
statute, the measure and mode of compensation of attorneys and counselors at
law is left to the agreement, express or implied, of the parties; but parties
to actions or proceedings are entitled to their costs, as hereinafter
provided.” Code of Civil Procedure
section 1032(b) states that “a prevailing party is entitled as a matter of
right to recover costs in any action or proceeding.” Further, Code of Civil Procedure section
1033.5(a)(10) provides that costs can include attorney’s fees when authorized
by contract, statute, or law.
Civil Code section 1717(a) states “[i]n
any action on a contract, where the contract specifically provides that
attorney’s fees and costs, which are incurred to enforce that contract, shall
be awarded either to one of the parties or to the prevailing party, then the
party who is determined to be the party prevailing on the contract, whether he
or she is the party specified in the contract or not, shall be entitled to
reasonable attorney's fees in addition to other costs.” Additionally, under
Civil Code section 1717(b), the prevailing party on a contract will be the
party who recovered a greater relief in the action on the contract, but
“[w]here an action has been voluntarily dismissed or dismissed pursuant to a
settlement of the case, there shall be no prevailing party for purposes of this
section.” (Civ. Code §1717(b)(1)-(2).)
Prevailing Party
Plaintiff is the prevailing party for
purposes of costs. As noted above, reasonable attorney fees are “allowable
costs” when authorized by contract, statute, or law. CCP § 1033.5(a)(10). This
court ordered summary judgment in favor of Plaintiff’s breach of contract
claims. The contract provides that the guarantors (Shahram Tamjidi, and Douglas
C. Moore) guarantee to pay all of the lender’s (Wells Fargo) costs, expenses
and attorney fees incurred in connection with or relating to the collection and
enforcement of the indebtedness and borrower’s (Tamjidi Enterprises, Inc.) obligations
under the agreement. (Mot.Exh. 4, p. 4.)
Reasonableness
The moving party bears the burden of
proof on any claim not based upon the court's established attorney fee
schedule. (CCP §1033.5(c)(5).)
The court considers the declaration by attorney
Sayyar and the attached billing entries. Plaintiff requests $13,247.50 in
attorney fees and $1,483.64 in costs. Plaintiff seeks $13,247.50 for 75.7 hours
of work at counsel’s hourly rate of $175.00. Plaintiff’s counsel has been
practicing law since 2008 and has extensive experience in filing lawsuits to
collect unpaid notes and litigating said matters from start to finish. (Sayyar
Decl. ¶¶4-5.) The court finds Plaintiff’s counsel’s hourly rate reasonable.
Moreover, the court finds the hours expended reasonable. Counsel
attests the 75.7 hours include communication with the client contact, reviewing
the case file, drafting, editing, and finalizing the complaint and summons and
related initial filing documents, arranging for service of process, filing
proofs of service with the court, attempting to settle the case, preparing for
and attending the case management conference, sending written discovery to the Defendants,
responding to their written discovery, engaging in third party discovery
subpoenas, preparing, drafting, and filing the motion for summary judgment
and/or in the alternative, motion for summary adjudication, drafting replies to
Defendants opposition to the motion for summary judgment, attending the court
ordered MSC post hearing, preparing post summary judgment orders and the
memorandum of costs and this motion for fees and costs. (Sayyar Decl. ¶6.)
Counsel provides their billing entries detail as Exhibit 2.
As for Plaintiff’s costs, the court finds Plaintiff’s costs
reasonable as well. Plaintiff seeks $995.00 in filing and motion fees; $315.85
in service of process; $172.79 for fees for electronic filing or service.
Accordingly, the court grants Plaintiff’s motion for attorney fees
in the amount of $13,247.50 and $1,483.64 in costs.